tag:www.btclawva.com,2013-03-21:/blog/263722019-01-16T13:16:32ZMovable Type Enterprisetag:www.btclawva.com,2019:/blog//26372.35833442019-01-18T13:15:00Z2019-01-16T13:16:32Z
Some former Virginia couples come out of a divorce after having had a relationship where the dependent spouse relied on outside sources for financial advice. When transitioning back to a single life, some dependent spouses prefer to continue to use the same set of financial professionals they relied on when married. However, it's generally advised that former spouses looking to make a clean break select their own financial team post-divorce, especially if it was the other partner who picked the other financial experts in the first place.

One possible source of recommendations for a new set of financial professionals is a dependent spouse's family law attorney. Generally, an ex tends to benefit most from working with a financial team that's a match for their personality and on the same page with their goals. There are several key team members a dependent spouse may want to choose during the divorce process or shortly after a marriage is officially over.

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The role of a financial adviser is to answer questions and present a clearer picture of what post-divorce finances will likely look like. They may also be able to help a former spouse determine if they can afford to keep the marital home. An accountant or CPA might jump on board during the settlement process to help the dependent spouse divide assets in a way that minimizes tax consequences. Another possible team member is an estate attorney to draft, update or set up wills, trusts, powers of attorney, healthcare directives and other estate-related documents.

If a dependent spouse gets their new financial team together shortly after the divorce process begins, an attorney may be able to draw on their unique skills to iron out property division issues. For instance, an accountant may be able to calculate how much money is available for alimony and child support. A lawyer may also recommend hiring a forensic accountant if it's suspected that the other spouse has assets and income they haven't officially disclosed. Typically, an attorney hands the task of coordinating efforts with team members off to the financial adviser once a divorce is complete.

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tag:www.btclawva.com,2019:/blog//26372.35771872019-01-14T15:05:00Z2019-01-10T14:59:45Z
Generally speaking, courts in Virginia will consider modifying an order of child support when there has been a substantial change in the level of need of the child or in the payor's income. People who have been ordered to pay child support might be eligible for a modification if they lose their job or have a reduction in income. For the parent receiving child support payments, modification might be available if the child has increased medical or education expenses.

In some states, reviews for child support modification are limited. For example, the relevant court might only hear a case for modification once every 24 months. If the amount of ordered support was modified in such a state 18 months ago, the parent will have to wait six more months before seeking another review.

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Custodial parents should only make child support modification requests if they believe the other parent's income has significantly increased since the most recent order or if the child in question has substantially increased financial needs. This is especially true in jurisdictions that limit the frequency of reviews.

Non-custodial parents should request modification of a child support order only when they have a significant income decrease. Courts are likely to view reduction requests skeptically, and they'll deny them unless the parent's current income is substantially less than it was when the operative support order was entered.

Typically, child support modification requests require a formal motion filed with the family court overseeing the case. Parents who have questions about modifying child support might want to consult a lawyer. A lawyer with experience in family law might be able to help by analyzing the current and previous financial circumstances of the parties and offering an opinion as to the likelihood that a modification request will be successful. A lawyer may draft and file a motion to bring the request or argue on behalf of the client during family court hearings.

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tag:www.btclawva.com,2019:/blog//26372.35717972019-01-10T14:10:00Z2019-01-08T14:08:37Z
There are a number of factors that can lead to conflict in a Virginia marriage, and some issues might be more complex than they appear on the surface. According to some researchers, men who marry women who are more conventionally attractive than them may have a higher risk of divorce. While social definitions of attractiveness may vary substantially from person to person, those who are generally considered more "beautiful" receive a large number of approaches and invitations on dating sites and other spaces designed for romantic or sexual interaction.

According to one study, women who say that their partners are much less attractive than themselves are also more likely to say that they flirt with other people. However, this may not necessarily indicate an objective attractiveness gap as much as it belies attitudes of contempt or disinterest within the relationship. Of course, these attitudes are known to lead to a higher likelihood of divorce. In other cases, couples that are apparently mismatched in appearance report issues with jealousy or controlling behavior directed toward the more-attractive partner.

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However, some research points in a different direction. One interview of 82 newlywed couples found that men who had married women more attractive than themselves as assessed by third parties were more likely to be attentive and happy in the relationship. In addition, people who had a strong friendship prior to their romantic relationship were less likely to show troubling signs, regardless of the parties' presumed attractiveness.

People of all appearances come together and find romantic relationships. By the same token, those people may also run into serious problems and intractable conflicts. When divorce becomes a reality, a family law attorney can help a soon-to-be ex address key issues and negotiate a settlement on child custody, spousal support and property division.

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tag:www.btclawva.com,2019:/blog//26372.35641012019-01-04T18:55:00Z2019-01-02T18:50:37Z
Virginia residents who are looking to file for bankruptcy will generally consider Chapter 7 or Chapter 13 protection. Chapter 7 cases are referred to as liquidation bankruptcies as they involve selling nonexempt property to raise capital to pay off debts. Any balances that remain after assets are liquidated are usually discharged. The entire process takes as little as four months to complete, but not all debtors will qualify for Chapter 7 protection.

Those who cannot pass a means test will be required to apply for Chapter 13 protection. This involves repaying debts over a period of three or five years in accordance with an approved payment plan. The payments are made using regular income, and an individual is also required to stay current on other debt obligations during the repayment period. Regardless of what type of bankruptcy is filed, it's important to be truthful and accurate on documents submitted to the court.

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It's also important that debtors take a credit counseling course prior to filing for bankruptcy. Upon completion, a debtor will be given a certificate that will be provided to the court proving that this requirement has been met. Those who file for Chapter 13 protection will need to take an additional course after their case is completed.

Bankruptcy can be a wise option for those who are seeking relief from overwhelming debt. During a bankruptcy case, creditors are generally unable to foreclose on or repossess property like a house or car. This may give a debtor time to renegotiate a secured debt or come up with the money needed to get current on a debt obligation. An attorney could explain the benefits of bankruptcy as well as help a debtor if a creditor violates the automatic stay.

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tag:www.btclawva.com,2018:/blog//26372.35608012018-12-31T18:10:00Z2018-12-27T18:08:23Z
Virginia residents seeking relief under the nation's bankruptcy laws generally file Chapter 13 rather than Chapter 7 petitions for one of two reasons. They could file a Chapter 13 bankruptcy because they have assets, such as a home, that they wish to protect, or they may be unable to pursue Chapter 7 bankruptcy because their income prevents them from passing the Chapter 7 means test. Individuals who earn more than the median income in their state are generally unable to pursue a Chapter 7 bankruptcy.

When a person who is struggling with overwhelming debt files a Chapter 13 bankruptcy, a bankruptcy trustee assesses his or her income and debts to determine an appropriate payment plan. The individual then makes monthly payments for three to five years. These payments are distributed to the person's creditors in a manner approved by the bankruptcy trustee. When all of the payments have been made, any remaining debts are discharged.

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Certain debts, such as student loans, delinquent child support or alimony and some unpaid taxes, cannot be discharged by bankruptcy and are paid first by a Chapter 13 payment plan. Once these debts have been satisfied, secured debts such as mortgages or automobile loans are paid before unsecured debts like credit card balances and personal loans. When bankruptcy trustees calculate Chapter 13 payments, they leave debtors with just enough income to cover their basic living expenses. This means that any change in circumstances could make the payments unmanageable.

Attorneys with experience in this area could help those seeking relief from overwhelming debt by explaining the differences between Chapter 7 and Chapter 13 bankruptcies and clearing up the many myths and misunderstandings surrounding debt relief. Lawyers could also petition the bankruptcy court to revise Chapter 13 payment plans when debtors have suffered a financial setback of some kind and are no longer able to afford their monthly payments.

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tag:www.btclawva.com,2018:/blog//26372.35598452018-12-28T18:30:00Z2018-12-27T23:12:35Z
When couples in Virginia separate or are ready to get a divorce, they may have a home they need to sell or that one person wants to keep. There are several factors to keep in mind at this stage. One is that neither person may be able to afford the house on a single income once they look at a monthly budget.

A common error is not changing the deed when refinancing the mortgage so the spouse who is not keeping the home no longer has liability for the mortgage. While couples may do this in an effort to save on costs, it is always best to retitle the property into the name of the spouse keeping it. When there is equity in the house, the spouse keeping the house may have to buy out the other spouse's interest with the refinaning. An important warning to a spouse wanting to keep the house and refinance to buy out the other spouse: get prequalified by an experienced mortgage broker as soon as possible so you know for sure you can borrrow enough money to pay off the existing balance and fund any agreed upon equity buy out.

In some cases, exchanging the equity in the home and its ownership for another asset with value might make sense for a family. For example, one spouse might take other assets, such as a retirement account, to keep the division fair. However, if this is the case, people must be careful when looking at these assets to ensure that they are of roughly equal value. A spouse keeping a house has to consider the expenses associated with it that the retirement account does not. In some cases, a more liquid asset could be more valuable to a spouse than a home.

Selling the house as soon as possible is another option. Many couples can negotiate this amicably and by agreement. When there is no agreement to sell the house, a Virginia divorce court can order it be sold. When the house is sold each person will receive their part of any equity after all the costs of sale have been deducted from the selling price. It can take a lot of time for a house to sell and close.

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Keeping the house and "Nesting" is an option that lets parents to stay in the house with the children. This requires a high degree of cooperation between parents, who take turns living there while the children remain there full time. While the parents are "nesting" with the children it is important to have a detailed agreement about sharing expenses to maintain the house. Mortgages have to be made and repairs both routine and emergency have to be made. With this arrangement, a couple might agree to sell the home at a later date.

Spouses should negotiate an agreement for their property division which includes all the details needed to deal with their home in their divorce.

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tag:www.btclawva.com,2018:/blog//26372.35544832018-12-21T18:05:00Z2018-12-19T18:03:01Z
Couples in Virginia might want to take steps to get out of debt. A survey from Fidelity found that more than half of partners are in debt when they enter a relationship. Of those people, more than one-third said money issues had a negative effect on the relationship, and almost half disagreed about which partner was at fault.

Couples may fall into debt for a number of reasons. For example, they might try to compensate for a failing marriage by spending money. Some may not want others to know that they are in debt, so they continue living an unsustainable lifestyle. Whatever the reason, it's possible to pay down the debt. The first step is to be realistic about how much debt there is. People often underestimate how much they owe in student loans and credit card debt. Next, they need to decide whether they will use the snowball or avalanche method to pay off the debt. The former involves paying off the smallest debts first for the psychological boost while the latter involves working on the debt with the highest interest rate.

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A prenuptial or postnuptial agreement may be a good idea to protect both people in case of divorce. Creating one of these documents can lead to more honesty between couples about finances.

Financial problems that cause the end of a marriage don't stop once the couple decides to divorce. Even if there is a pre- or post-nuptial agreement that both parties still agree on, it won't cover child support issues. Couples might need to negotiate this as well as property division and spousal support. In a high-net worth divorce, this can be a complex process. Thankfully, there are lawyers who know how to deal with such issues.

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tag:www.btclawva.com,2018:/blog//26372.35499952018-12-18T16:10:00Z2018-12-14T16:07:00Z
In the Commonwealth of Virginia, grandparents have the right to obtain custody of their grandchildren in certain situations. That's because Virginia allows any person with a legitimate interest in the well being of a child to petition. Getting custody requires a court order, and not all grandparents who petition will have their wishes granted. Grandparents can also petition for child visitation in cases where they are being denied visits by a child's guardian.

Federal laws are designed to protect the parental rights of mothers and fathers. Therefore, grandparent custody or visitation may be seen as an infringement of these rights. That's why obtaining grandparent custody can be a difficult legal battle. Petitioners need to show that the rights of natural parents require infringement and that grandparent custody is in the kids' best interests.

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Several conditions could convince the court to take away the parental rights of natural parents. For example, evidence of mistreatment or neglect as well as evidence that shows the parents are unfit could lead to a custody change. A court will generally award custody to the grandparents if it's clear that doing so would be better for the children.

Grandparents who believe that having child custody will be better for their grandchildren should consider seeking counsel from an attorney. A lawyer who takes on a custody case will examine the circumstances and recommend a legal course of action based on current state and federal law. They are responsible for representing the interests of the client in and out of family court.

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tag:www.btclawva.com,2018:/blog//26372.35387722018-12-12T20:50:00Z2018-12-11T17:06:39Z
Child support is one of the most important pieces of a divorce proceeding in Virginia and elsewhere because it directly pertains to the best interests of the child. In most cases, child support payment schedules will be included in the final divorce decree when sole or majority custody is granted. Essentially, this means that the parent who takes care of the child most or all of the time will be the one to receive payments. In addition, child support payments typically last until the child is no longer considered a minor at the age of 18, provided they have also graduated from high school. Otherwise, child support continues until the month the child graduates.

However, as WiseGeek points out, different states have different laws regarding how child support is handled. Some parents may also need to establish paternity or legal guardianship prior to child support being ordered in cases where parents are separating but were never married. In other cases, changes in income expectations or custody, such as when one parent remarries, may require an amendment to existing child support orders.

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It's important to note that missing child support payments may result in the garnishment of wages or criminal penalties. Fees and interest may also accumulate due to falling behind on payments. If a parent owes back payments, a joint hearing will be held to assess the situation. Failing to attend such a hearing will likely result in a warrant being issued for the parent who owes support. Simply put, aside from amending an existing order, there is no way to avoid ordered payments without incurring some type of penalty.

Because child support can become a complicated legal matter, especially when both parents were never married or the father is disputing paternity, parents may choose to work with family law attorneys. A family law attorney is a legal resource to help navigate the complexities involved in establishing equitable child support payments, and he or she might also assist a parent who seeks to amend an existing child support order if circumstances change.

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tag:www.btclawva.com,2018:/blog//26372.35386062018-12-12T15:30:00Z2018-12-11T17:00:06Z
The holidays are usually a time for joy and family. However, as some Virginia families know, they can also be the source of stress and worry, particularly when it comes to planning holiday schedules for children after a divorce. Although the emotions associated with ending a marriage can be overwhelming for all involved, there are ways parents can make the experience more enjoyable for their children while maintaining a calm environment.

Experts recommend keeping the kids informed about what will happen during the holidays. The children should know when and where they will be with each household and what they will be doing. This can help the kids prepare for a holiday season that might be significantly different than past seasons due to the changes brought about by the divorce. Organization and planning are the most important parts of this process as the parents should attempt to put aside their differences to coordinate the holiday schedule carefully. It's important to avoid any misunderstandings that can then complicate and escalate issues.

For help with developing a plan for the holidays or to review your existing schedule, contact one of our attorneys at 804-767-6850.

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Finally, each parent should be encouraging and supportive about the time the children spend with the other parent. They should encourage their kids to enjoy their time with each parent as that is what the holidays are about. It's also important to be supportive when the children come home after spending time with their other parent.

Divorce is difficult during all seasons, but the holiday season tends to bring out extreme emotions. With a good plan that follows and respects the agreements made by the parents, however, the situation can be managed. For parents going through a divorce, the assistance of a lawyer with family law experience can also be very valuable. An attorney can provide legal advice and guidance during the process.

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tag:www.btclawva.com,2018:/blog//26372.35291962018-12-04T18:30:00Z2018-11-30T18:26:22Z
Whenever Virginia parents contemplate splitting up, their first concern is typically the details of the child custody and co-parenting arrangement. The type of agreement best suited for a family is largely dependent upon the nature of the parents' dealings with each other. If the parties are able to set aside hostilities and truly focus on the best interests of the children without bringing personal acrimony into parenting decisions, a collaborative agreement is recommended. Unfortunately, a large percentage of people are simply unable to operate with the level of cooperation needed for a collaborative parenting plan to effectively function.

An alternative for couples with substantial levels of hostility tainting their interpersonal relations is a parallel parenting plan. Under this type of agreement, the parties are guided by family law professionals in structuring a plan that accounts for most foreseeable contingencies. The goal is to limit required interaction between the parties by including specific guidance in the written document. The parties them are limited to communicating in a formal and businesslike fashion regarding mostly logistical matters. Email is generally the preferred method of communication, but third parties, texts or direct contact can take place under certain parameters such as medical emergencies.

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A key element of parallel parenting is the need for parents to respect each other's space and fully relinquish all designs of control during the other party's time with the children. Although challenging in the short term, it can be liberating for people to let go and stop worrying about matters outside their control. Another important aspect that cannot be understated is the need for well-adjusted children to have stable relations with each parent. When one parent undermines the other's relationship by any means, it is detrimental to the children involved.

Child custody disputes are highly emotional and require a deft hand to craft when parents are committed to fighting. Consulting a qualified family law attorney may be a prudent step to avoid mistakes that can cost parenting time or be contrary to the best interests of a child.

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tag:www.btclawva.com,2018:/blog//26372.35268922018-12-03T14:10:00Z2018-11-29T15:51:28Z
Many factors lead couples in Virginia to pursue divorce, but the endangerment of a child adds urgency to the matter for a concerned parent. A recent letter to an advice columnist from a father worried about his child in the company of a heavy-drinking mother highlights the need to collect evidence about an alcohol or drug-abusing spouse.

The man disclosed that his wife had rarely tended the child and complained about being asked to watch the child after school before the man got home from work. during the separation, his wife had gotten a new telephone number and blocked him on social media. These actions prevented him from contacting her even when she had their son. He worried that she might drive drunk with the boy in the car.

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The advice columnist advised him to seek information from witnesses such as friends, neighbors or childcare workers about her drinking. Witness statements would be crucial if the wife did not have any drunk driving arrests on record. If he has evidence documenting a drinking habit, especially in the presence of the child, then a court might consider as an emergency a petition for custody.

Any person who needs to establish an agreement or a court order for child custody should get guidance from a family law attorney. Information about parental rights and how to approach the court if a child is subject to abuse or neglect could empower a person who needs to protect a child. An attorney could also prepare the paperwork to file in court as well as attempt to negotiate a settlement with the other parent. If acceptable terms do not emerge from private negotiations, then an attorney could advance the client's claim in court.

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tag:www.btclawva.com,2018:/blog//26372.35227632018-11-30T18:30:00Z2018-11-28T18:30:45Z
When parents in Virginia get a divorce, their children may struggle to adjust. However, parents can take steps to make the process less difficult. They should avoid engaging in conflict in front of their children, and they should try to change their routines as little as possible. They should keep children in the same school if they can and should try to agree on a set of expectations that will be similar in both their homes. Children may lose touch with cousins and other extended family members on one side during a divorce, so parents should encourage these relationships.

Some parents go a step further and use a technique called "nesting" to keep their children's lives stable after a divorce. Nesting allows children and parents to stay in the family home, but the parents take turns living there. They also usually share another place nearby.

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Experts say nesting can work well if parents only do it for a short time, but after three to six months, children might begin to think their parents are working on reconciling. Their anxiety might also grow around the uncertainty of what it will be like when the arrangement ends. Parents may start to run into conflict as a result of having to share living spaces.

Parents may need to work out an agreement for child custody and visitation during divorce, including how they will spend holidays and vacations. One parent might also pay child support to the other. While some parents come to an informal agreement about custody and support, they may still want to have their attorneys look over a written agreement that they submit to the court. This might protect the parent who receives child support in case the other parent does not adhere to the agreement.

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tag:www.btclawva.com,2018:/blog//26372.35186012018-11-29T17:30:15Z2018-11-27T17:18:50Z
More American couples are turning to in vitro fertilization (IVF) to get pregnant. Research suggests around 5 percent of American couples will try IVF to have a baby this year. However, some of these couples will have to face a tough decision about what to do with their frozen embryos if their marriage ends in divorce.

Most states across the nation consider embryos as property, however, the laws vary widely and are subject to change. As such, it can be wise to rely on preexisting third-party contracts and postnuptial agreements to determine what happens to the embryos, rather than leaving the matter up for debate in court.

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Third-party contracts

After you go through the IVF process, a storage facility will keep your embryos frozen. Most storage facilities require you to sign a consent form or contract concerning your frozen embryos. Generally, these forms offer vague details on what happens to your embryos in the event of a divorce or death. Will your embryos be destroyed, used by one of you or given to someone else?

However, because couples are excited to have a baby, some give little time to these future scenarios in these contracts. Under these circumstances, couples can create a postnuptial agreement to determine the future of their frozen embryos in the event of a split.

Postnuptial agreements

A postnuptial agreement is a legal contract that spouses enter into after they get married to determine how property and assets will be divided in the event of a divorce or separation.

Postnuptial agreements are the most common type of agreement when it comes to frozen embryos. Oftentimes, couples do not find out they will need to use IVF until after they marry. However, if you know you have infertility problems going into the marriage and will likely need to use IVF, a prenuptial agreement will work as well.

While you might think you and your husband can come to a mutual understanding about the future of your embryos during a divorce, many cases across the United States show what a complex issue it can be.

It is important that you document and review your third-party contract and postnuptial agreements concerning reproductive technology. Failure to do so could create serious issues about the future of your frozen embryos in the event of a divorce.

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tag:www.btclawva.com,2018:/blog//26372.35271112018-11-29T17:20:04Z2018-11-29T17:21:22Z
Raising a child is challenging. Parents must devote significant time and attention to caring for their children. A job loss, serving time in jail, an injury, or an addiction can impact a parent's ability to care for their child. Grandparents or other well-intentioned family members or friends might offer to help care for a child. However, they'll probably ask to have some legal authority to make school or medical decisions. They may ask for formal custody or to share custody with you while they care for a child.

Parents, think twice before you agree to joint legal custody and/or physical custody of your child with anyone who is not the other biological parent. Virginia has a very strong legal presumption that favors the rights of parents. Even the U.S. Supreme Court has recognized the legal superiority of a fit parent to make decisions about what is best for their child over anyone else. Anyone trying to get custody or visitation of your child through the courts has a very high burden of proof to meet before a judge will take away or reduce your rights as a parent.

However, if you agree to give someone else custody of your child, you no longer will have that legal superiority. Once you lose the benefit of the presumption in your favor to make decisions about what is best for your child, it becomes easier for a court to award custody to someone other than you. By agreeing to sign over custody of your child to a family member or a friend, you give up that presumption forever.

In Virginia, there are other ways you can legally give third parties permission to make decisions about your child as well as to obtain information about your child. When you can't take care of your child, you can have a written KINSHIP CARE AGREEMENT with a family member which would allow them to enroll your child in school, as well as to make decisions and care for your child on your behalf. Kinship care cannot be for the sole purpose of enrolling your child in a particular school: you have to be unable to care for your child for some reason, such as being in jail or suffering from a debilitating injury or illness. The school system typically requires the kinship care agreement to be notarized. The local social service agency may also come to independently verify the arrangement. If you choose to have a kinship care agreement, it is best to include a very specific and limited power of attorney. The power of attorney can legally authorize the person providing care for your child to have access to all of their educational and medical records, and to make decisions concerning your child's education and health. You do not give up any of your custody rights when you sign a kinship care agreement and you can change or revoke it at any time without going to court.

Whether or not you have a custody court order, you can enter into a kinship care agreement with a third party or family member.

Parents, protect your rights to make decisions concerning your child. Do not agree to a joint legal or physical custody arrangement with anyone other than the biological parent without first consulting with an attorney. Instead, consider whether or not a KINSHIP CARE AGREEMENT will provide for your child's needs while you protect your parental rights.